Congratulations to the Class of 2024! We at the Program in Islamic Law at Harvard Law School extend a warm congratulations to the Class of 2024 on your extraordinary work during your time at Harvard to gain knowledge and insights that will help make your contributions to the law and to the cause of justice meaningful and good. The perspectives, skills, and experiences you have gained here are a foundation upon which you will build your future and our collective future. We commend you to reflect on the knowledge, experience, and community with the hopes of making a more just and informed and positively connected world. We also would like to congratulate the winner of the 2024 Program in Islamic Law Writing Prize, Hacer(Berra) Akcan (JD 24) for their paper titled “Text, Image, and Ideology: Depictions of Law Through Indian Art History.”

 

 

CONTENT: 2003 Constitution and Amendments of Palestine One aim of SHARIAsource is to provide access to primary sources of Islamic law to support research on salient issues of Islamic law and history. The portal features an Islamic Constitutionalism Special Collection, edited by Dawood AhmedMoamen Gouda, and Tom Ginsburg. This collection provides a survey instrument codifying the thirty “Islamic clauses,” which are those constitutional clauses that make a reference to Islam or having an Islamic underpinning, modeled after The 1978 Al-Azhar Constitution. The Islamic Constitutions Index (ICI) measures the degree of Islamicity of Constitutions within the Muslim majority countries. This collection contains nearly 500 constitutions from across the world and from different time periods, including English translations of the 2003 Constitution of Palestine with amendments through 2005. Explore these sources today!

 

 

CONTEXT: Maritime Laws in the Syro-Palestinian Coastal Frontiers   Did jurists think the sea should have a ḥarīm zone (inviolable zone) on the pretext of repulsing  maritime threat? Professor Hassan S. Khalilieh (University of Haifa) explores this question in his recent essay titled “Beyond the Ribāṭ: Exploring Coastal and Offshore Jurisdiction” on the Islamic Law Blog. Initially focused on the Syro-Palestinian coastal frontiers, Khalilieh identifies the seventh-century establishment of the “governorship of the coasts,” by Caliph ʿUmar ibn al-Khaṭṭāb, as laying the official and legislative foundations for the post of admiralty. He examines a source by the Mālikī jurist Ashhab al-Qaysī,  who argues that although every land has its ḥarīm, the sea, unlike land, cannot be occupied. While coastal land can have a ḥarīm extending seaward, the sea itself lacks this designation and coastal communities could not prevent non-threatening navigation. Read the essay today!

 

See the full newsletter.